Citizenship Act
The Citizenship Act (RSC 1985, c C-29) is the federal statute governing Canadian citizenship. It covers automatic citizenship by birth on Canadian soil (s 3(1)(a)), citizenship by descent with the first-generation limit (s 3(3)), grant of citizenship by naturalization (s 5), and citizenship by adoption (s 5.1). The Act also covers renunciation (s 9), revocation for fraud (s 10), and resumption (s 11).
Key sections
- Citizenship by birth (s 3(1)(a)) — Jus soli — born in Canada.
- Citizenship by descent (s 3(1)(b)) — First generation born abroad.
- Second generation born abroad bar (s 3(3)) — Why second-generation born abroad are not automatic citizens.
- Grant of citizenship (s 5) — 1,095 days in 5 years; language; knowledge test.
- Physical presence requirement — Day counting rules.
- Language and knowledge requirements — CLB 4; 30 MCQ test.
- Citizenship by adoption (s 5.1) — Direct citizenship without PR stage.
- Renunciation (s 9)
- Revocation (s 10)
- Resumption (s 11)
- Prohibited persons (s 22)
- Appeal to Federal Court (s 14(5)) — No leave requirement; 60-day deadline.